Att. Abdulkadir Argıllı
Crisis situations in the workplace can arise from various factors, including conflicts among employees, breaches of company policy, or external events impacting business operations. Effectively preventing and managing such crises is crucial for maintaining a productive and harmonious work environment. This article explores best practices for preventing workplace crises, legal actions employers can take during a crisis, record-keeping of workplace issues, imposing sanctions, rightful termination, and the role of mediation in crisis resolution.
1. Creating Written Regulations to Prevent Crisis
1.1. Importance of Written Regulations
Written regulations serve as a foundation for workplace conduct and help prevent crises by clearly outlining acceptable behavior, company policies, and procedures for addressing conflicts. They provide employees with a clear understanding of expectations and consequences for non-compliance.
1.2. Developing Effective Regulations
When creating written regulations, consider the following steps:
- Assess Workplace Needs: Identify potential areas of conflict or risk specific to your industry and organization. Develop a comprehensive code of conduct that outlines expected behavior regarding topics like harassment, discrimination, workplace violence, data security, and unethical conduct.
- Consult Legal Experts: Ensure compliance with local labor laws and regulations. Legal advice is essential to create enforceable policies.
- Draft Clear and Comprehensive Policies: Cover areas such as code of conduct, harassment, discrimination, health and safety, and grievance procedures. Within this framework, a clear social media policy and data security policy may help the employer prevent today’s common problems.
- Employee Involvement: Engage employees in the policy-making process to ensure buy-in and relevance.
- Regular Review and Updates: Periodically review and update policies to reflect changes in laws, technology, and workplace dynamics.
1.3. Communicating Policies
Effective communication of regulations is critical. Use multiple channels such as employee handbooks, intranet, and training sessions to ensure all employees are aware of the policies. Regularly reinforce key policies through meetings and refresher training.
2. Legal Actions Employers Can Take in Case of a Crisis
2.1. Immediate Response
In a crisis, swift action is necessary to mitigate impact:
- Assess the Situation: Determine the nature and severity of the crisis.
- Implement Emergency Procedures: Follow pre-established emergency protocols to ensure safety and minimize disruption.
- Communicate Clearly: Inform employees about the crisis and the steps being taken. Transparency helps prevent panic and misinformation.
- Do Not Neglect Getting Legal Support: Many crises carry potential of turning into legal disputes if they are not resolved. For this reason, it is important to include legal professionals in the crisis resolution process as early as possible.
2.2. Internal Investigations
Conducting a thorough investigation is crucial to understanding the root cause of the crisis:
- Gather Evidence: Collect relevant documents, witness statements, camera recordings, e-mails, phone call recordings, phone messages and any other pertinent information.
- Interview Involved Parties: Speak with those directly affected or involved in the crisis.
- Keep Proper Records: Keep detailed records of the investigation process and findings. It is particularly important to obtain written statements from parties and witnesses to the crisis. Some people may not want to give a written statement. In this case, after the minutes of the incident are prepared, the fact that these persons refused to sign the minutes should be noted as a note under the minutes.
2.3. Legal Recourse
Depending on the nature of the crisis, employers may need to take legal action:
- Disciplinary Actions: Based on investigation findings, take appropriate disciplinary measures such as warnings, suspensions, or termination.
- Involvement of Authorities: If the crisis involves illegal activities, notify law enforcement or regulatory bodies as required by law.
- Legal Counsel: Seek advice from legal professionals to ensure actions taken are compliant with labor laws and protect the company’s interests.
3. Keeping Written Records of Workplace Issues
3.1. Importance of Record-Keeping
Maintaining accurate records of workplace issues is essential for:
- Legal Compliance: Ensuring adherence to labor laws and regulations.
- Dispute Resolution: Providing evidence in case of disputes or legal actions.
- Performance Management: Tracking employee behavior and performance over time.
3.2. Best Practices for Record-Keeping
- Consistency: Use standardized forms and procedures for documenting incidents and issues.
- Confidentiality: Protect sensitive information by limiting access to authorized personnel.
- Accuracy: Ensure records are factual, detailed, and free from personal bias.
- Retention: Follow legal requirements for document retention and disposal.
4. Imposing Sanctions on Personnel After a Crisis
4.1. Types of Sanctions
Sanctions should be proportionate to the severity of the issue and in line with company policies:
- Verbal Warnings: Verbal warnings are appropriate for minor offenses, providing an opportunity for employees to course-correct their behavior.
- Written Warnings: More formal written warnings document the offense and potential consequences for repeated violations.
- Disciplinary Penalties: Sanctions such as salary deduction, denial of promotion, and reprimand may be applied. Professional support is required to decide on the types of these sanctions and their implementation methods.
- Termination: Dismissal for severe misconduct or repeated violations.
4.2. Principles of Implementing Sanctions
- Due Process: Ensure employees have an opportunity to present their side before imposing sanctions. In this context, a common practice is to obtain the written defense of the personnel.
- Documentation: Record the rationale for the sanction and the steps taken.
- Consistency: Apply sanctions uniformly to avoid claims of unfair treatment.
5. Rightful Termination of an Employee Who Caused a Crisis
5.1. Legal Grounds for Termination
Employers must have just cause to terminate an employee who caused a crisis:
- Gross Misconduct: Actions that severely breach company policies or endanger others.
- Repeated Violations: Persistent disregard for company rules despite previous warnings.
- Incompetence: Inability to perform job duties to a satisfactory standard.
5.2. Ensuring Compliance
- Follow Procedures: Adhere to the company’s disciplinary process and legal requirements for termination.
- Provide Notice: Give the employee appropriate notice or payment in lieu, as stipulated by law.
- Severance Pay: Ensure any owed severance is calculated and paid in accordance with labor laws.
At this point, we would like to underline an important issue. The issue of dismissal of workers in Turkey is a highly controversial issue that leads to legal disputes. Unfair dismissal may have sanctions and financial consequences. However, unfair dismissal may have consequences that negatively affect the employer’s reputation. Moreover, even if the employers are right, the dismissal process must be carried out within the framework of legal procedures. Otherwise, employers may receive negative results in legal disputes, even though they are actually right. For these reasons, we recommend not taking action on sanctioning and dismissing workers after a crisis without legal support.
6. How Mediation Helps in Solving Crisis
Mediation is an effective tool for resolving workplace crises without resorting to litigation:
- Neutral Facilitation: A trained mediator helps parties communicate and negotiate.
- Confidentiality: Discussions in mediation are private, encouraging openness.
- Cost-Effective: Mediation is typically less expensive and faster than legal proceedings.
- Preserving Relationships: Mediation focuses on finding mutually acceptable solutions, which can maintain or improve working relationships.
7. Conclusion
Preventing and solving crises in the workplace requires a proactive approach, clear policies, and effective management strategies. By establishing comprehensive written regulations, taking appropriate legal actions during crises, maintaining accurate records, and imposing fair sanctions, employers can navigate challenging situations while maintaining compliance with labor laws. Additionally, leveraging mediation can provide an effective, amicable resolution to workplace disputes. Employers who prioritize these practices can foster a stable, productive work environment and mitigate the impact of workplace crises.
A Reminder About Business Starters’ Legal Kit: This article is a part of “Business Starters’ Legal Kit” series. As we explained in our introductory article, the articles in this series contain essentials only. For detailed information, you can review the articles in special categories on our website or contact us.
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